The Guardian view on Brexit and Ireland: special relationship, special solution

Posted By: December 12, 2016

IRISH CONGRESSIONAL BRIEFING

Distributed by Irish National Caucus

“The Lords committee is absolutely right to back the Irish government’s view that these relationships require a unique solution within any wider Brexit settlement. The best way to achieve this, as the committee says, is for the EU and its member states to allow the UK and Irish governments to draft a bilateral agreement, along with the Northern Ireland executive, within that wider Brexit deal.”

The Guardian Editorial, Sunday 11 December 2016 19.01 ESTA House of Lords report [ see article below] brings a much-needed sense of urgency and understanding to the Irish dimension of the Brexit vote

It can probably be assumed that most leave voters gave little thought to the consequences of Brexit for Ireland. Had they done so, they might have thought twice about what they were setting in train; for those consequences are wide-ranging and potentially very serious. Of the many historic irresponsibilities that led to the Brexit vote, the failure to consider the Irish dimension is one of the most shameful and consequential. It reflects particularly badly on the predominantly English voters who made that profoundly wrong choice.

Voters in Northern Ireland were, of course, different. They rightly thought about the consequences for the two parts of Ireland a lot. This is one reason why Northern Ireland voted by 56% to 44% for the UK to remain in Europe. Nevertheless, just as in the case of Scotland, this significant part of the UK is being forced out of the EU against the wishes of the majority of its people. But the UK’s vote does not just override the north. It is also a unforgivably hostile gesture to this country’s most intimate and immediate neighbors, the Irish republic and its people.

The UK-Irish relationship is unique in many ways, including the impact of Brexit. Ireland is the only EU state with which the UK has a land border. The histories, cultures and economies of Britain and Ireland are likewise locked together in ways that do not apply in any other case. In particular, the needs of Northern Ireland run through the state-to-state and people-to-people relationship in a manner and to a degree that has no equivalent in the rest of the EU. Cooperation between the UK and Ireland, partly based on EU membership, has been a cornerstone of the peace process. Many in Ireland are justifiably aghast at what Brexit may entail and feel badly let down, or worse, by Britain.

This week, the House of Lords EU committee and its six sub-committees are publishing daily reports designed to underscore the high seriousness of issues raised by Brexit. Today’s first report of the six is about the Brexit challenge for Ireland. This is a good and deliberate piece of symbolism – British insularity too often takes a special toll in Ireland. But it is also more than that.

Brexit raises major questions about every aspect of the British-Irish relationship. These include the broad economic impact on two intertwined countries. More particularly there is the impact on the now softly enforced Irish land border of any future restrictions on the movement of goods, especially serious if the UK left the customs union, and of people. The implications for the common travel area between Ireland and the UK must also be considered, along with the future status, for instance in terms of voting rights, of UK and Irish citizens in one another’s countries. And then there is the effect of Brexit on the stability of Northern Ireland, both in the context of structures underpinning the peace process and, just as important, from any sort of hardening of the Irish land border.

The Lords committee is absolutely right to back the Irish government’s view that these relationships require a unique solution within any wider Brexit settlement. The best way to achieve this, as the committee says, is for the EU and its member states to allow the UK and Irish governments to draft a bilateral agreement, along with the Northern Ireland executive, within that wider Brexit deal.

The main aims of that agreement, which the EU would have to approve in the end, should be to maintain the open land border, continue the common travel area, preserve the reciprocal rights of UK and Irish citizens in one another’s countries, uphold the right to Irish (and thus EU) citizenship for people in Northern Ireland, and reaffirm the arrangements in the Northern Ireland peace process agreements. The EU ought to embrace this approach, as should the UK government. But there is no getting away from the fact that, while these are now shared problems which need to be shared and urgent solutions, it is the lamentable Brexit vote that has inflicted the whole avoidable and destabilizing business on Ireland.****

Northern Ireland must not be ‘collateral damage’ of Brexit, report says

First of six Lords reports on effect of Brexit on Britain is published, highlighting potential impact on UK-Irish relations

The Guardian. Sunday, December 11, 2016

The chairman of an influential House of Lords committee has said Northern Ireland must not become the collateral damage of the UK’s departure from the EU, as the first of six reports on the impact of Brexit on Britain are published.

Tim Boswell has also said that the impact of Brexit on the Republic of Ireland will be more profound than for any of the other member states and that he is urging the other 27 countries in the European Union to give the country special dispensation to enter talks on a draft bilateral agreement with the UK.

The House of Lords EU committee said the complex issues that have now arisen that could impact on UK-Irish relations “are often overlooked on the British side of the Irish sea”. The committee said Brexit would have an impact on all aspects of life, but particularly on the substantial cross-border trade including co-production on meat and dairy, which has flourished in a single-market environment free of tariffs and customs.

In the first report, the committee refers to the “turbo-charged” friendliness that emerged between the UK and Ireland following the Good Friday agreement, characterized by the Queen’s visit to Ireland in 2011 and the reciprocal visit by the president of Ireland to Britain.

“It would be irresponsible to say this [Brexit] would scupper the peace process and lead to a return to violence,” Lord Boswell told the Guardian. But, he added, “Northern Ireland must not be allowed to become collateral damage of Brexit”.

The committee has urged the EU to invite the UK to start work on a draft bilateral agreement with Ireland focusing on the major challenges faced by Northern Ireland and the Irish Republic in the wake of Brexit.

Under EU treaties, Ireland cannot enter an agreement with the UK on its own on customs and tariffs. The House of Lords said it was unfair it would now have to persuade the other member states of its special status given that it has found itself in a post-Brexit vote world “through no fault of its own”. The House of Lords believes Ireland should not be used as a bargaining chip in withdrawal negotiations and believes a bilateral agreement could remove it from the potential toxicity of the final talks.

The 78-page report, Brexit: UK-Irish relations, took evidence from academics, lawyers, farming associations and politicians including the secretary of state for Northern Ireland, James Brokenshire, over several months. It touches lightly on the Good Friday agreement, but its main focus is the potential effect of Britain’s exit from the European union, including customs, tariffs, and restrictions on the freedom of movement of the estimated 30,000 people who commute to work in schools, hospitals, offices and farms on both sides of the border.

It concluded that physical or online customs checks were not only undesirable but probably unviable because of the adverse affect on the economies north and south of the border.

The UK is Ireland’s number one export destination, with as much as 50% of Irish beef, 60% of cheese and 90% of mushrooms ending up on British tables. Northern Ireland’s economy is also deeply intertwined with the Irish economy, with 38% of its exports, including 350,000 lambs a year, going south of the border.

The committee found Northern Ireland’s economy was already characterised by the “highest levels of deprivation, unemployment and poverty” and while Ireland might be well placed to respond to the economic challenges in its path, Northern Ireland was not. In the agri-food sector, £700m of the annual £1.15bn exports go to the republic.

Former Irish taoiseach Bertie Ahern told the committee that “no one wished to return to a hard border” with 40,000 people on a security payroll.

While some have mooted the introduction of online customs controls as a way of keeping border traffic flowing, the leader of the Ulster Unionist party, Mike Nesbitt, agreed that electronic monitoring of the movement of goods “just will not cut it”. The committee was also told a hard border could herald a return to the era of organized smuggling of fuel.

Alternative customs models explored by the committee included the Norway-Sweden system, in which Swedish customs officials are allowed to examine premises in Norway. Former taoiseach John Bruton said this was “unlikely to be acceptable in Ireland” given the history of Britain and Ireland.

“The border is the hinge on which all this hangs and if it were to change radically that would be a major setback,” Boswell told the Guardian.

His committee concluded that “the only way to maintain an open border would be either for the UK to remain in the customs union or for EU partners to agree to a bilateral UK-Irish agreement on trade and customs”.

Boswell said for this and many other reasons, it is imperative that “the unique circumstances” caused by the referendum in Ireland should be acknowledged by the EU member states.

Boswell recognized that bilateral agreements on customs and tariffs were not permissible under EU treaties unless all partners agreed to them. “The unique nature of the UK-Irish relations necessitates a unique solution,” said the report, adding the UK government “needs to be aware of the risk of placing a disproportionate burden on the Irish authorities” to find Brexit solutions.

“This is an issue that has to be taken seriously in Great Britain and by the UK and its public opinion and also by the [European] commission, council, and European institutions,” said Boswell.

“Number one, you need to realize this is a unique situation in order to do something about it; number two, you have to set up the machinery which is not subversive of the overall negotiations,” he added.

The rights of the Irish people in Britain and the British in Ireland is another issue. Britain could overnight assure the estimated 800,000 Irish in Britain that their rights to reside and remain in Britain were protected, but Ireland would not be able to automatically reciprocate because that would constitute a bilateral agreement.

“Short of a world war situation this is the most testing time for the public administration,” said Boswell. “This isn’t just about the geopolitics and the high diplomacy, this is about people and how they live their lives.”

A UK government spokesman said: “The government is working to secure a deal that works for the whole of the United Kingdom. Ministers are acutely aware of the deep links between the UK and the Republic of Ireland. There is already a common travel area between the two countries, created many years before either was a member of the European Union.

“We are clear we do not want a return to the borders of the past, no unnecessary barriers to trade and no obstacles between Northern Ireland and the rest of the UK. The government will consider this report carefully and respond fully in due course.”

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